ATC’s ICC win against AT Ghana sharpens focus on enforceability of tower contracts

 

American Tower Corporation's Ghanaian subsidiary has prevailed in an international arbitration against AirtelTigo Ghana over unpaid fees for telecommunications tower services, according to a source close to the matter, bringing to a formal close a contractual dispute that has shadowed Ghana's telecoms sector for several years.

The case was heard before the International Chamber of Commerce (ICC) International Court of Arbitration, one of the world's foremost forums for resolving commercial disputes. The outcome arrives at a delicate moment as AirtelTigo, rebranded AT Ghana following the government's takeover, is in the middle of a financial and structural restructuring that has drawn in regulators, the Ministry of Communication, Digital Technology and Innovations, and now a prospective foreign investor.

Debt years in the making

The arbitration is the legal endpoint of a debt that accumulated over several years. AirtelTigo, formed in 2017 through the merger of Bharti Airtel's and Millicom's Ghanaian operations, relied on ATC Ghana's tower infrastructure for its network coverage across the country. Under industry-standard tower-sharing arrangements, mobile operators pay tower companies, known as towercos, recurring fees for access to masts, power supply, and related services.

Payments to ATC fell into arrears, and by the time current Communications Minister, Samuel Nartey George addressed Parliament in March 2025, the figure owed to ATC alone had reached GH¢1.5 billion, a portion of a total debt load on AT Ghana's books that the minister put at over GH¢3.5 billion, equivalent to approximately US$225 million at prevailing exchange rates.

“Those who managed the AirtelTigo process are enemies of our state,” Mr. George told journalists at the time, directing his criticism at the administration that finalised the government's acquisition of AirtelTigo in November 2021 for a nominal US$1, absorbing its liabilities in full. Industry sources have since indicated that the actual ATC debt may have exceeded GH¢2 billion by the time of the crisis.

Disconnections and emergency roaming

Faced with non-payment, ATC Ghana began disconnecting power to AirtelTigo's radio access network sites on September 1, 2025, triggering an immediate risk of service collapse across a subscriber base that then stood at over three million. The National Communications Authority (NCA) and the Communications Ministry intervened, arranging emergency national roaming between AirtelTigo and Telecel Ghana to maintain service continuity.

The government also appointed KPMG to conduct a 60-day financial review of AT Ghana's operations, with a mandate to assess options including fresh investment or a merger with Telecel (formerly Vodafone). The minister subsequently described the forced migration of customers onto Telecel's network as a force majeure, effectively, circumstances beyond ordinary control. AT Ghana, the country's third-largest mobile operator, held an estimated 12.9 percent market share in the first quarter of 2025, behind MTN Ghana and Telecel Ghana. Glo Mobile controlled under one percent of the market over the same period.

Restructuring in progress

A potential path forward has emerged as Canadian infrastructure company Rektron Group signed a memorandum of understanding with the government in May 2025 to acquire a 60 percent majority stake in AT Ghana, in partnership with local firm Afritel Ghana. Rektron has indicated a planned investment of up to US$1 billion over five years, subject to regulatory approval and due diligence.

The ICC arbitration outcome adds a fresh dimension to that process. Any prospective investor will need to account for the enforceability of ATC's award, which Ghanaian courts are expected to give effect to under the country's obligations as a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Legal observers note that enforcement, not just the award itself will be the measure of institutional credibility. How swiftly and completely Ghanaian courts act is likely to be watched closely by infrastructure investors evaluating the country's dispute-resolution environment, they insist. Ghana's Digital Agenda 2030 commits the country to expanding digital infrastructure and attracting private capital into the sector.